Through the trademark right holder's use or publicity or advertising, a trademark right accumulates certain property value, especially for a well-known brand, since it invests the goods or services with highly added value. A trademark right holder may create pledges on the trademark rights in order to secure the rights of his/her creditors. Any creation, change, or extinguishment of a pledge becomes effective upon the commencement of a contractual relationship between both parties, but an unrecorded entry shall have no locus standi against any third party. Multiple pledges on trademark rights may be created based on the value of the property concerned in order to secure the rights of creditors, provided that the sequence of pledge shall be determined by the precedence thereof. Without the license of the trademark right holder, a pledgee may not use that trademark. (§44, Trademark Act; §40, Enforcement Rules of the Trademark Act)
Application: indicating the trademark name, registration number, amount of creditors' rights, and the period of pledge creation (the applicant may download the application form from the website at https://topic.tipo.gov.tw/trademarks-tw/np-533-201.html, or purchase the application form in person at the Counter located on the 4th floor of TIPO at NT$2 per page (tel: (02)23767164, 23767165), or by postal remittance to A/C No. 0012817-7, pay to the order of "the Intellectual Property Office of the Ministry of Economic Affairs".

The application shall also include the following:
Government fee: NT$2,000 per application.
Pledge agreement and other documents proving the creation of a pledge (in the case of foreign companies, a Chinese translation shall also be submitted).
If a trademark agent is appointed, a power of attorney is required (if the power of attorney is in a foreign language, a translation thereof shall also be submitted).

• Publish Date : 2008-04-24
• Update : 2022-07-26
• Organization : International Legal Affairs Office
• Visitors : 582